Allahabad High Court Judgement

Allahabad High Court Judgement

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JUDGEMENT HEADLINE : Protection Of 197Cr.P.C. Not Available To Government Servant In Case Of Beating In Personal Capacity.
JUDGEMENT TITLE : Munesh Prasad Vs. State Of U.P. & Another On 21/09/2007 By Allahabad High Court
CASE NO : APPLICATION U/S 482 NO. 21242 OF 2007
CORAM : Hon'ble Raghunath Kishore Rastogi,J.

HIGH COURT OF JUDICATURE AT ALLAHABAD

Court No.36

Criminal Misc. Application No. 21242 Of 2007

Munesh Prasad.........Vs......State Of U.P. Another

...........

Hon'ble R.K.Rastogi,J.

This Is An Application U/s 482 Cr.P.C. To Quash The Proceedings Of Criminal Case No.2444/07, State Vs. Munesh Prasad, P.S. Station Phulpur, District Allahabad Case Crime No. 161/2005, U/s 332,353,504 I.P.C. And 7 Criminal Law Amendment Act, P.S. Phulpur, District Allahabad.
The Facts Relevant For Disposal Of This Application Are That On 20.10.2005 At 7.10 A.M., The F.I.R. Was Lodged By Dinesh Chandra Kackkar At P.S. Phulpur, Allahabad Against The Accused Munesh Prasad With The Allegations That On 19.10.05 At About 10 P.M. Dinesh Chandra Kackkar Was On Duty At The IFCO Railway Office, And At That Time The Accused Applicant Came To His Office And Demanded The Tiffin Box, Then Avadhesh Stated That The Tiffin Box Was Dirty And He Will Deliver It After Cleaning It. He Started The Cleaning The Tiffin Box. But Munesh Prasad Started Abusing. Then Dinesh Chandra Kackkar Said To Him That Awdhesh Was Not His Servant But He Is Employee Of The Railway. Then The Accused Stated That He Would See Dinesh Later On. Dinsesh Chandra Kakkar Gave Information Of This Incident To The IFCO Authorities And Then To The Manager Sri K.Srivastava. Thereafter The Police Personnel Reached There And They Scolded Munesh Prasad . Then Munesh Went Away But He Again Came At About 1 A.M. On 20.10.2005 Having An Iron Rod In His Hand And Started Beating Dinesh Chandra Kackkar. Dinesh Chandra Kackkar Received Injuries. Thereafter The Accused Went Away. Dinesh Chandra Kackkar Got Himself Medically Examined In The Hospital And He Also Gave Information Of This Incident To The Authorities. Thereafter He Went To The Police Station And Lodged The Report. It Was Also Stated Stated That The Entire Work Of The Office Had Come To Standstill Due To The Above Incident. Hence The Case Was Registered U/s 332,353 And 504 I.P.C. And Section 7 Criminal Law Amendment Act And After Investigation The I.O. Submitted The Charge Sheet Under The Above Sections Against The Accused.
The Accused Applicant Munesh Prasad Moved An Application Before The Special C.J.M., Allahabad In Which He Pleaded That No Offence Was Committed By Him And No Case U/s 332, And 353 I.P.C Was Made Out. It Was Further Pleaded That He Is Also A Government Servant And So His Prosecution Was Not Maintainable In View Of Section 197 Cr.P.C.
The Magistrate After Hearing The Applicant Rejected The Above Application. Then He Moved This Application U/s 482 Cr.P.C.
I Have Heard Learned Counsel For The Applicant, The A.G.A. For The State And Sri Ashok Kumar Mishra Who Has Filed His Memo Of Appearance On Behalf Of Opposite Party No.2.
Learned Counsel For The Applicant Vehemently Argued Before Me That For Proving Charges Under Sections 353 And 332 I.P.C. It Is Essential That The Act Must Have Been Committed To Deter A Government Servant From Discharging His Duties. He Submitted That In This Case No Act Was Done By The Accused To Deter The Complainant From Discharging His Duty And So No Case U/s 332 And 353 I.P.C. Was Made Out. In Support Of This Contention He Has Cited Before Me A Reported Case In 1987 CRI L.J. 950 State Of Karnataka Vs. M Chandrappa And Another , In This Case A Constable Who Was Waiting For Arrival Of A Bus On A Public Road, Was Abused And Assaulted By The Accused And So It Was Held That Since He Was Not On Duty At That Time, No Case U/s 332 And 353 I.P.C. Was Made Out.
Learned A.G.A. And Sri Ashok Kumar Mishra Learned Counsel For The Opposite Party No.2 Submitted In Reply That The Facts Of The Above Case Are Different From The Facts Of The Present Case And In The Above Case The Police Constable Was Waiting For A Bus On The Road For Going To The Police Station, And As Such He Could Not Be Deemed To Be On Duty At That Time. They Contended That The Complainant Was On Duty In The Office When The Disputed Incident Took Place And The Accused Allegedly Caused Injuries To Him When The Complainant Was On Duty In The Office, During The Duty Hours, So The Case U/s 332 And 353 I.P.C. Has Been Prima Facie Made Out Against The Applicant.
Learned Counsel For The Applicant Further Submitted That The Accused Applicant Is Also The Government Employee And So He Could Not Be Prosecuted Without Permission Of The Employer U/s 197 Cr.P.C. And This Protection Is Available To Him. There Is No Force In This Contention Also. The Facts Of Marpit Allegedly Done By The Accused Apparently Come Within The Ambit Of Section 353 And 332 I.P.C. As The Informant Was On Duty. The So Called Marpit Causing Injuries To The Complainant Has No Concern With The Official Duty Of The Applicant As Such The Protection Of Section 197 Cr.P.C. Could Not Be Available To The Applicant.
In View Of The Above, I Do Not Find Any Ground To Quash The Charge Sheet.
The Application U/s 482 Cr.P.C. Is Dismissed.

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